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(영문) 서울북부지방법원 2015.04.22 2014가단38149
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from March 3, 2015, 7,150,000 won and as above.

Reasons

1. Facts of recognition;

A. On March 6, 2010, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as a deposit of KRW 10 million, KRW 650,000 per month, and the period from April 3, 2010 to 24 months (hereinafter “instant lease contract”), and the said lease contract has been renewed.

B. When the Defendant’s delay in rent exceeds the amount of two-term rents, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent, around August 12, 2014.

C. The Defendant has been occupying and using the instant real estate in accordance with the instant lease agreement until now.

The Defendant’s unpaid rent by March 2, 2015 and unjust enrichment equivalent to rent reaches KRW 7,150,000 (per 11 month).

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, the purport of the whole pleadings

2. According to the above facts, since the instant lease contract was lawfully terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the overdue rent and unjust enrichment equivalent to the amount of 650,000 won per month from March 3, 2015 to the date the delivery of the said real estate is completed.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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